San Marcos Development Code (effective Nov. 3, 2021)

9 C H A P T E R

Legacy Districts

Section 9.3.4.4 Occupancy Restrictions

B. Carpor ts shall be measured from the roof nearest to the street or alley.

A. Limited Number of Unrelated Individuals. All dwelling units located in SF-11, DR, TH, PH-ZL zoning districts shall be restricted to occupancy by a family, and up to one other person who is not related to any of the family members by blood, legal adoption, marriage, or conservatorship. B. Prima facie proof of occupancy of a dwelling unit by more than two unrelated persons is established in any prosecution for violation of this Section if it is shown that the same three or more vehicles with registrations to persons having different surnames and addresses were parked overnight at the dwelling unit a majority of nights in any 21-day period. This establishment of a prima facie level of proof in this subsection does not preclude a showing of “occupancy” of a dwelling unit by a person in any other manner. C. The proper ty owner and any agent of the proper ty owner shall be legally responsible for directly or indirectly allowing, permitting, causing, or failing to prohibit the occupancy of a dwelling unit by more than two unrelated persons. Section 9.3.4.5 Renewable Energy Systems

C. Accessory buildings are not permitted without a main structure.

D. Accessory buildings shall not exceed the height allowed in the specific zoning district. E. Metal por table accessory buildings less than 120 square feet and no greater than eight and one-half feet in total ridge height are permitted, but only if a solid fence or wall six feet in height is built on the side/rear lot line to screen the building from adjacent proper ty and from the view of a public street. Such metal buildings shall not be used as an enclosed parking area or garage. F. See Section 9.4.2.1for exterior construction standards for accessory buildings.

Division 3: HOME OCCUPATIONS

Section 9.3.3.1 Provisions for Home Occupations

A. See Section 5.1.3.4

A. See Section 5.1.6.3

Division 4: REQUIREMENTS APPLICABLE TO PARTICULAR USES

Section 9.3.4.1 Communications Antennas and Support Structures/ Towers

A. See Section 5.1.6.3

Section 9.3.4.2 Conditional Use Permits for On-Site Alcoholic Beverage Consumption

A. See Section 5.1.5.5.

Section 9.3.4.3 Conditional Use Permits for Fraternity/ Sorority Buildings

A. See Section 5.1.4.12

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Amended: November 3, 2021 San Marcos Development Code

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